About European Competition Law Annual 2013

This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

Table Of Contents

EFFECTIVE AND LEGITIMATE ENFORCEMENT OF COMPETITION LAW: AN OVERVIEW Mel MarquisPART I: EFFECTIVE ENFORCEMENT OF COMPETITION LAW1. Effective sanctions and complianceI Christine Parker, Effective and Legitimate Enforcement of Competition Law: A Riddle Wrapped In a Mystery Inside an Enigma? II Konrad Ost, From Regulation 1 to Regulation 2: Enforcement of EU Law by National Sanctioning Regimes and the Need for Further Convergence 2. Effective remediesIII Joshua D Wright, The Federal Trade Commission and Monetary Remedies IV Ioannis Lianos, The Principle of Effectiveness, Competition Law Remedies and the Limits of Adjudication V Damien MB Gerard, Negotiated Remedies in the Modernisation Era: The Limits of Effectiveness VI Giorgio Monti, Behavioural Remedies for Antitrust Infringements - Opportunities and Limitations VII Frank P Maier-Rigaud, Behavioural versus Structural Remedies in EU Competition Law 3. Agencies as amicicuriaeVIII Stephen Calkins, The Antitrust Conversation (Continued) 4. Infringement procedures and public measures distorting competitionIX José Luis Buend í a Sierra, Enforcement of Article 106(1) TFEU by the European Commission and the EU Courts X Daniel A Crane, Hard Look Review of Anticompetitive State Action PART II: LEGITIMATE ENFORCEMENT OF COMPETITION LAWI Renato Nazzini, Parallel Proceedings in EU Competition Law: Rethinking Ne Bis In Idem as a Limiting Principle II Wolfgang Kirchhoff, Reflections on Parallel Enforcement, Fundamental Rights and the Rule of Law in the Competition Law Context III William E Kovacic, Creating a Respected Brand: How Competition Agencies Signal Quality PART III: EFFECTIVENESS AND LEGITIMACY IN INTERNATIONAL ENFORCEMENT COOPERATIONI Julie Soloway, Charles Layton and Eric Richmond, International Cooperation in Antitrust Enforcement: A Canadian Perspective II Alberto Heimler, Effectiveness of Enforcement Cooperation in Developing Countries: What Role Can Existing Institutions Play? III Antonio Capobianco, John Davies and Sean Ennis, The Need for International Cooperation in MergerEnforcement PART IV: ISSUES FOR COURTS AND PERSPECTIVES ON THE JUDICIAL ROLEI Gerald Barling, The UK Competition Regime: Developments and Further Proposals for Change II James S Venit, What Is To Be Done? III Ian S Forrester, Quis custodiet ipsos custodes? Assessing the Judicial Role in a Lawful System ofCompetition Enforcement IV Mario Siragusa, Interaction between Public and Private Enforcement of Competition Law CONCLUSIONS Philip LoweSELECTED REFERENCES

Reviews

“This is a book for all interested in competition law ... it is a book which questions some of the answers given daily by practitioners, academics, administrators and judges. For that alone, it is worth reading.” – Vincent J G Power, European Competition Law Review